DE · jury_instructions
Del. P.J.I. Crim. No. 11.1212(1)
Profiteering
PROFITEERING
In order to find Defendant guilty of Profiteering, you must find the State has
proved the following four (4) elements beyond a reasonable doubt:
(1) Defendant was a public servant at the time of the offense;
(2) Defendant acted in [contemplation of (Defendant’s/governmental
entity’s) official action/ reliance on information to which Defendant had access in
an official capacity and had not been made public];
(3) Defendant acquired a monetary interest in a
[property/transaction/enterprise], which [was/might be] affected by [official
action/information]; and
(4) Defendant acted intentionally or knowingly.
“Intentionally” means it was Defendant’s conscious objective or purpose to
engage in profiteering.
“Knowingly” means Defendant knew or was aware Defendant was engaging
in profiteering.
"Public servant" means any officer or employee of the State or any political
subdivision of the State. The term includes legislators, judges, jurors, advisors or
consultant performing governmental functions, candidates for office or candidates
who have been elected but have not yet assumed office. The term does not include
witnesses.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
50b381dbef9247d9dc0c1f008d2b137f876f41bfe41fa8d04e022ca54aaedb45
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